Rati Ram Bande & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4714 of 2020

1. Rati Ram Bande, S/o Ram Charan Bande, Aged about 65 years,

2. Gend Ram Bande, S/o Rati Ram Bande, Aged about 35 years, Both applicants are R/o Village Jangada, PS Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through - Station House Officer, PSBhatapara Gramin, District Balodabazar-Bhatapara (C.G.) ---- Respondent For Applicants : Mr. Raghvendra Pradhan, Advocate.

For Respondent/State : Mr. H.S. Ahluwalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16/09/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 251/2020 registered at Police Station- Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 307, 34 of the Indian Penal Code, 1860.

2. The prosecution story in brief is that, the present applicants along with other co-accused poured kerosene and tried to burn the complainant.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits the present applicants have neither committed not participated in any such act, which may be amount to any of the offences. He also submits that age of the father-in-law of the complainant is 65 years. He next submits that the both applicants are in jail since 17.06.2020, there is no likelihood of their case being decided in near future, therefore,

the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicants is of serious in nature; therefore, no case is made out for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering that the applicants are in jail since 17.06.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release both applicants on bail. Accordingly, the bail application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Vasant